Trump calls for judge in deportation legal battle to be impeached

President Donald Trump called for the impeachment of a judge in a Truth Social post on Tuesday, apparently referring to U.S. District Judge James E. Boasberg who recently sought to block deportation flights to El Salvador.

"This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President - He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY," Trump declared in the post.

"I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!" the president added.

This is a breaking news story. Check back for updates.

Federal judge appointed by Trump quits group over statement on threats

A federal judge appointed by President Donald Trump in 2018 announced that he had resigned from the largest association of federal judges, decrying how the group issued a rare statement last week condemning recent alleged threats against judges but stayed quiet for years while conservative members of the judiciary faced scrutiny and attack. 

Judge James C. Ho, of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit, announced his departure from the Federal Judges Association during a speaking event Saturday hosted by the conservative Federalist Society at the University of Michigan Law School. It comes in response to the 1,100-member group issuing a statement on March 5 saying in part that "judges must be permitted to do their jobs without fear of violence or intimidation of any kind." Trump and his allies have grown increasingly critical of judges who have blocked the Department of Government Efficiency (DOGE) and other aspects of the administration's agenda, while DOGE leader Elon Musk last month called for an "immediate wave of judicial impeachments." 

"I was very surprised by that statement. And the next morning, I sent an email to the organization saying that I wanted to resign," Ho said of the Federal Judges Association. "I researched for myself, and I also asked the association if they ever issued any such statements when Justice Thomas received attacks, or Justice Alito. Justice Kavanaugh dealt with an assassination attempt. We’ve had federal district judges in Texas and in Florida – as well as, I’m sure, other states, but those are the ones that come to mind immediately – all faced the kinds of things that that statement was complaining about and more. Did we see these statements in 2024 or 2023 or 2022? From what I can tell, no." 

WHO IS JUDGE AMIR ALI? THE BIDEN-APPOINTED FEDERAL JUDGE AT THE CENTER OF TRUMP'S USAID BATTLE

"You can’t say that you’re in favor of judicial independence only when it comes to decisions that you like. That’s not protecting the judiciary, that’s politicizing the judiciary," Ho said, arguing that such statements actually harm the cause they try to further. "Because one of two things turns out to be true when you’re selective in this way. And either of these options, I think, is a bad thing. Option number one is that you’re basically lying, that you actually don’t care about this principle because you didn’t stand up for it when the shoe was on the other foot, and so you’re telling the world essentially we’re not seriously committed to judicial independence." 

"The alternative is perhaps even worse, which is that you are telling the truth – you do care about this, this principle, whether it’s judicial independence or free speech. I think this concept applies to a lot of things," Ho continued. "If you’re telling the truth, you really care about this principle, but there are just some people who have views that are so anathema to you that you don’t think they are worthy of this principle that you expound on." 

"And so what you may think is a statement born of righteousness I think is perceived by a lot of people as merely sanctimonious," he concluded. 

Fox News Digital reached out to the Federal Judges Association for comment, but they did not immediately respond.

JUDGE RULES DOGE LIKELY SUBJECT TO PUBLIC RECORDS REQUESTS, SAYS DEPARTMENT OPERATING IN 'UNUSUAL SECRECY'

The president of the Federal Judges Association, U.S. Circuit Judge J. Michelle Childs, who was appointed by former President Joe Biden, wrote in an email to members last week that the "judiciary faces growing threats, including violence, intimidation, disinformation, and unprecedented impeachments that challenge its independence," according to Reuters. 

The Federal Judges Association then released a lengthier public statement the next day that did not elaborate on specific threats against specific judges. 

It began by saying that "recent events are a clear and urgent reminder that federal judges play a crucial role in upholding our democracy as guardians of the rule of law." 

"In the history of our Republic, there has always been tension between the three separate and equal branches of the federal government, including criticism of judicial interpretations. The FJA strives to ensure that accurate information is shared with all American citizens regarding the role of the judiciary as defined in the U.S. Constitution: to impartially interpret the laws that have been created by the U.S. Congress and enforced by the Executive branch," the group said. "Specific decisions issued by judges are not formed from individual opinions, but rather are prepared against evaluation of what the ‘laws on the books’ require." 

The group commended those, including Supreme Court Chief Justice John Roberts, "who have commented recently on the rise in criticism, threats and violence aimed at members of the judiciary."

"Irresponsible rhetoric shrouded in disinformation undermines the public’s confidence that our justice system can fulfill its constitutional duties," the statement said. "The security of federal judges and all those serving in the judicial branch of our government is fundamental to their ability to uphold the rule of law, and to fulfill their constitutional duty without fear or undue influence. Any erosion in the independence of the judiciary is a threat to our Constitution and to democratic rule of law. Ensuring judicial security is not just about protecting individuals, it is about preserving the integrity of our legal system and the public’s trust in an impartial judiciary." 

Trump earns largely positive speech reaction, but ejected Dem’s behavior widely deemed inappropriate: CNN poll

A majority of speech viewers (69%) had a very or somewhat positive reaction to President Donald Trump's Tuesday address before a joint session of Congress, according to a CNN poll by SSRS.

While 44% indicated that they had a "Very positive" reaction to the speech, 25% felt "Somewhat positive," 16% had a "Very negative" reaction and 15% had a "Somewhat negative" reaction to the address.

"A total of 431 adults nationwide were surveyed via text message," according to a document about the poll. "Among the entire sample, 21% described themselves as Democrats, 44% described themselves as Republicans, and 35% described themselves as independents or members of another party," the document notes. "The margin of sampling error for total respondents is +/-5.3 at the 95% confidence level."

TRUMP SAYS AMERICA WOULD WELCOME GREENLAND DURING JOINT ADDRESS TO CONGRESS

Rep. Al Green, D-Texas, who was removed from the event for being disruptive, did not fare well in the court of public opinion.

A whopping 80% found Green's behavior to be inappropriate, while just 20% felt it was appropriate, according to the poll.

CONSERVATIVES ERUPT WITH PRAISE ON SOCIAL MEDIA AFTER TRUMP'S SPEECH TO CONGRESS: ‘RUN THROUGH A WALL’

Trump's address on Tuesday came less than two months into his second term in office. 

However, while he is still chipping away at the early days of his new term, the president is a well-known figure who has been on the political scene for years. 

TRUMP DECLARES ‘AMERICA IS BACK' IN SPEECH BEFORE CONGRESS

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He is now the second U.S. president to serve non-consecutive terms — the first was Grover Cleveland in the 19th century.

Top 5 moments from Trump’s address to joint session of Congress

President Donald Trump addressed both chambers of Congress Tuesday evening in an expansive speech that lasted more than 90 minutes, as he took a victory lap for his accomplishments thus far and previewed his vision for the future. 

The speech marked Trump's first address before Congress since he reclaimed the Oval Office in January. Though similar to a State of the Union Speech, Trump's address did not carry the same official title as he has not been in office a full year. 

Fox News Digital compiled the top five moments from Trump's address, including Democratic protests, chants of "USA, USA, USA" and Trump revealing that a top terrorist has been apprehended. 

Trump spoke for about an hour and 40 minutes, notching the longest address a president has delivered before a joint session of Congress, according to the American Presidency Project at the University of California at Santa Barbara. The longest speech on record previously was held by former President Bill Clinton, when he spoke for one hour and 28 minutes during his State of the Union Address in 2000. 

"To my fellow citizens, America is back," Trump declared at the start of his Tuesday speech. 

"Six weeks ago, I stood beneath the dome of this Capitol and proclaimed the dawn of the golden Age of America," he said. "From that moment on, it has been nothing but swift and unrelenting action to usher in the greatest and most successful era in the history of our country. We have accomplished more in 43 days than most administrations accomplished in four years or eight years. And we are just getting started." 

The audience broke out into chants of "USA, USA, USA" as Trump opened his speech by declaring "America is back," 

Trump rattled off a handful of accomplishments since taking office, notably the Department of Government Efficiency's work to stamp out government overspending, fraud and mismanagement, as well as securing the border and previewing how his tariff plans will lead to an economic "boom" for Americans. 

'HE'S BACK': TRUMP'S JOINT ADDRESS TO CONGRESS TO BE BLANKETED WITH 6-FIGURE AD BUY TOUTING TAX PLAN

"Every single day, we will stand up and we will fight, fight, fight for the country our citizens believe in and for the country people deserve," Trump said in his conclusion. "My fellow Americans, get ready for an Incredible future, because the golden age of America has only just begun. It will be like nothing that has ever been seen before. Thank you. God bless you and God bless America." 

Speaker of the House Mike Johnson ordered the sergeant at arms to remove Democratic Texas Rep. Al Green after he repeatedly shouted during Trump's opening remarks. 

"Members are engaging in willful and continuing breach of decorum, and the chair is prepared to direct the sergeant at arms to restore order to the joint session," Johnson warned as a handful of Democrats disrupted Trump. 

"Mr. Green, take your seat," he said, as Green continued shouting and shaking his cane at Trump. 

Johnson ordered the Sergeant-at-Arms to remove Green from the chamber. 

Green, one of Trump’s most vocal critics, already has filed impeachment articles against Trump over what he called "ethnic cleansing in Gaza."

DEMOCRAT REMOVED FROM HOUSE CHAMBER AFTER DISRUPTING TRUMP'S SPEECH TO CONGRESS: ‘TAKE YOUR SEAT’

Some Democrats had warned their colleagues against protesting Trump ahead of the speech, with former Speaker of the House Nancy Pelosi, for example, saying they should let him "stew in his own juice."

Democrats, however, protested nonetheless, including remaining seated as Trump celebrated his policies, and held up signs reading "false," "lies," "Musk steals" and "Save Medicaid." Some female Democratic lawmakers wore pink suits in protest of policies they claim are anti-woman, while other Democrats were heard jeering Trump throughout the speech. 

Trump honored the lives of Laken Riley and Jocelyn Nungaray — who both were brutally killed by illegal immigrants under the Biden administration — including naming an animal refuge after Nungaray. 

"Alexis, I promised that we would always remember your daughter, your magnificent daughter," Trump said while directing his attention to Jocelyn Nungaray's mom, Alexis. "And earlier tonight I signed an order keeping my word to you. One thing I have learned about Jocelyn is that she loved animals so much. She loved nature. Across Galveston Bay, from where Jocelyn lived in Houston, you will find a magnificent National Wildlife Refuge. A pristine, peaceful, 34,000-acre sanctuary for all of God's creatures on the edge of the Gulf of America."

The 12-year-old Jocelyn Nungaray was sexually assaulted and murdered by strangulation when two illegal immigrants in their 20s allegedly lured the young girl under a bridge before killing her in June 2024. 

"Her precious Jocelyn walked to a nearby convenience store," Trump said. "She was kidnaped, tied up, assaulted for two hours under a bridge and horrifically murdered. Arrested and charged with this heinous crime are two illegal alien monsters from Venezuela, released into America by the last administration through their ridiculous open border. The death of this beautiful 12-year-old girl, and the agony of her mother and family touched our entire nation greatly."

Trump also celebrated the life of Laken Riley, who was 22 years old when she was discovered beaten to death by an illegal immigrant in 2024 after going for a run on the University of Georgia’s campus.

TRUMP HONORS LIVES OF LAKEN RILEY, JOCELYN NUNGARAY WHILE CELEBRATING STRIDES ON SECURING BORDER

"Laken was viciously attacked, assaulted, beaten, brutalized, and horrifically murdered," Trump said during his speech. "Laken was stolen from us by a savage illegal alien." 

Trump signed the Laken Riley Act into law upon taking office for a second time in January, saying that the U.S. will never forget Riley through the law that directs Immigration and Customs Enforcement to detain illegal immigrants arrested or charged with theft-related crimes, or those accused of assaulting a police officer. 

Trump declared during his speech that the U.S. "will never, ever forget our beautiful Laken Riley" through legislation he singed into law. 

"All three savages charged with Jocelyn and Laken's murders were members of the Venezuelan prison gang, the toughest gang, they say, in the world known as Tren De Aragua," Trump said. "Two weeks ago, I officially designated this gang, along with MS-13 and the bloodthirsty Mexican drug cartels, as foreign terrorist organizations." 

"They are now officially in the same category as ISIS, and that's not good for them," he said. "Countless thousands of these terrorists were welcomed into the U.S by the Biden administration. But now, every last one will be rounded up and forcibly removed from our country. Or, if they're too dangerous, put in jail, standing trial in this country, because we don't want them to come back ever."

Trump revealed during his speech that the top terrorist suspect behind the 2021 Abbey Gate attack in Afghanistan that killed 13 U.S. service members has been apprehended and headed towards the "swift sword of American justice." 

"Tonight, I am pleased to announce that we have just apprehended the top terrorist responsible for that atrocity," Trump revealed during his speech before a joint Congress. "And he is right now on his way here to face the swift sword of American justice." 

TRUMP REVEALS TOP TERRORIST BEHIND ABBEY GATE ATTACK APPREHENDED, FACING 'SWIFT SWORD OF AMERICAN JUSTICE'

The suspect was identified as Muhammed Sharifullah, Fox News confirmed. 

"And I want to thank, especially, the government of Pakistan for helping arrest this monster," he said. "This was a very momentous day for those 13 families, who I actually got to know very well." 

The Biden administration’s chaotic withdrawal from Afghanistan led to the deaths of 13 U.S. service members — eleven Marines, one Navy corpsman and one sailor — defending the Kabul airport, while hundreds of Americans and tens of thousands of Afghan allies were left in the country under Taliban rule. At least 170 Afghan civilians were injured in the attack, according to the U.S. military's investigation of it. 

The families who lost loved ones during the botched withdrawal had previously and repeatedly slammed former President Joe Biden and Vice President Kamala Harris over their deaths, including the families saying the "administration killed my son" and that they "have not seen any support from you or your administration."

Trump revealed he held a phone call with the families of those who were killed in Afghanistan, filling them in on the latest development, which he said brought them tears of joy. 

"I spoke to many of the parents and loved ones, and they're all in our hearts tonight," Trump said. "I spoke to them on the phone. We had a big call. Every one of them called. And everybody was on the line and they did nothing but cry with happiness. They were very happy. As happy as you can be under those circumstances. Their child, brother, sister, son, daughter was killed for no reason whatsoever," he said. 

DJ Daniel, a 13-year-old boy who survived cancer, stole the show Tuesday evening when the president introduced him to the audience and officially swore him in as a member of the Secret Service. 

"Joining us in the gallery tonight is a young man who truly loves our police," Trump told the crowd. "His name is DJ Daniel is 13 years old, and he has always dreamed of becoming a police officer. But in 2018, D.J. was diagnosed with brain cancer. The doctors gave him five months at most to live. That was more than six years ago."

13-YEAR-OLD CANCER SURVIVOR EARNS STANDING OVATION AS HE BECOMES SECRET SERVICE AGENT DURING TRUMP SPEECH 

Daniel received a standing ovation from a majority of the crowd, although some Democrats were seen sitting at various times while Trump was speaking about the 13-year-old.

Trump told the audience that Daniel and his dad, who was in attendance and held the young boy up to the cheering lawmakers, that they were on a "quest" to make his dream of becoming a police officer come true.

"Tonight, DJ, we're going to do you the biggest honor of them all," Trump said. "I am asking our new Secret Service Director, Sean Curran, to officially make you an agent of the United States."

The Secret Service chief walked over to Daniel and presented him with a customized Secret Service badge, as the audience cheered. 

"Thank you, DJ," Trump said after the crowd started chanting the young boy’s name.

Fox News Digital's Andrew Mark Miller and Diana Stancy contributed to this report.

‘Duly owed to us’: Blue state governor says $2.1B in federal funding restored after suing Trump admin

Pennsylvania Democratic Gov. Josh Shapiro announced Monday that $2.1 billion in federal funds had been unfrozen and restored to Pennsylvania, as Democratic governors rely on the courts to challenge President Donald Trump's executive actions. 

Shapiro sued the Trump administration on Feb. 13, joining the initial 22 states and the District of Columbia with lawsuits challenging Trump's allegedly "illegal" federal funding freeze. Shapiro said legal action was necessary to restore Pennsylvania’s federal funding. 

Shapiro, who was in Washington for the National Governors Association (NGA) last week, said he urged senior members of the Trump administration to unfreeze the federal funds. 

"When I was at the White House on Friday, I again raised the issue of our frozen federal funding to President Trump's senior team and members of his Cabinet," Shapiro told reporters Monday. "I urged them to follow the law and to honor their agreements with Pennsylvania. As a result of that direct engagement last week, our funding is unfrozen. They are now following the law, and we will continue to press our case."

SHAPIRO LATEST DEMOCRAT SUING 'UNCONSTITUTIONAL' TRUMP ADMIN

Shapiro said his directness earned Pennsylvania access to the funds "duly owed to us."

"I was very direct with them. They were very responsive to me. And as a result, Pennsylvania now has what is duly owed to us," Shapiro added. 

The White House Office of Management and Budget directed agencies to halt federal funding on Jan. 27 in compliance with Trump's executive orders. Federal judges had issued a temporary restraining order to block the funding freeze ahead of Shapiro's lawsuit, but only states with litigation against the Trump administration were able to access the unfrozen funds. 

JUDICIAL PUSHBACK ON TRUMP 'HURTING AMERICAN PEOPLE,' SAYS GOP REP LEADING IMPEACHMENT CHARGE

"As a result of our lawsuit and our continued pressure and engagement with the Trump administration, in which we demanded that the administration comply with the legal injunctions currently in place, we made clear that we were ready to seek immediate relief from the courts. Every dollar that we identified at the filing of our lawsuit is currently unfrozen and, once again, accessible to all Pennsylvania state agencies," Shapiro said. 

The $2.1 billion in federal funding restores what Shapiro described as "critical programs and infrastructure projects that have been jeopardized by this illegal freeze." Those programs include plugging abandoned wells, cleaning waterways, protecting farmers from runoff water, repairing mines and delivering clean water to Pennsylvanians, Shapiro said. He said several projects that were halted have been restored and dozens of federal employees are now back to work. 

Shapiro said it is his responsibility as governor to take legal action against the federal government when necessary to deliver for Pennsylvania.

"It is my job to protect Pennsylvania's interests, and I will use every tool at my disposal, from legal action to my direct engagement, to make sure that Pennsylvanians are protected, and that the funds Pennsylvanians rely on every day, the funds that Pennsylvanians pay in federal taxes make their way back to our Commonwealth, and we receive every federal dollar that we are owed," Shapiro said. 

The legal dance of Trump’s executive actions is on full display in Shapiro’s litigation as the governor said suing the Trump administration was the only way to unfreeze Pennsylvania’s federal funds. Shapiro’s legal win is the latest in ongoing litigation between the state and federal governments. 

During the Governor's Working Session at the White House on Friday, when Shapiro told senior Trump officials to restore his state’s federal funding, Gov. Janet Mills, D-Maine, was telling Trump, "We’ll see you in court." 

Trump told Mills, in a moment NGA Vice Chairman Kevin Stitt, R-Okla., described as "uncomfortable," that Maine would not receive any federal funding if she did not comply with his executive order to prevent transgender athletes from competing in women’s sports. 

Mills said in a statement that Maine would "not be intimidated by the president’s threats."

"If the president attempts to unilaterally deprive Maine school children of the benefit of federal funding, my administration and the attorney general will take all appropriate and necessary legal action to restore that funding and the academic opportunity it provides," Mills added. 

As Trump continues to implement part of his agenda through executive action, Democrats are relying on federal litigation to challenge the Trump administration’s executive authority, that many call a "constitutional crisis."

The White House did not immediately respond to a request for comment on Pennsylvania's unfrozen federal funds. 

Trump’s name continues to be fundraising behemoth for both political parties: ‘Center of the universe’

Fundraising messages centered around President Donald Trump have continued to dominate on both sides of the political aisle since his return to the White House. 

The Democrats' messages revolve around voicing their opposition to Trump’s second term, his executive orders, and action by the Department of Government Efficiency (DOGE), which has become a cornerstone of Trump’s first month back in the Oval Office.

"Americans are starting to feel the disastrous effects of a Trump-Musk presidency, and we see that sentiment reflected in our top-performing messaging, which highlights the need to fight the extremes of Donald Trump and prepare for elections this year, in 2026 and beyond," DNC Senior Spokesperson Hannah Muldavin told Fox News Digital. 

Muldavin said the DNC's most effective fundraising messages have centered around "the extremes of Donald Trump."

FORMER DEMOCRATIC PRESIDENTIAL CANDIDATE SAYS HIS PARTY IS ACTING ‘PATHETICALLY’ TO THWART MUSK’S DOGE

"Our most effective outreach to grassroots supporters right now comes from our new Chair Ken Martin, who talks about not just fighting the extremes of Donald Trump, but also on making the case to working families in both red and blue states that Democrats are the party fighting for them," Muldavin added. 

The Democratic National Committee’s website opened this week to a photo of Ken Martin, newly elected DNC Chair, with a simple message: "Ken Martin is the new DNC Chair. Help Democrats mobilize against Trump." A fundraising message on the donation page invites Democrats to "pitch in to the DNC and help elect Democrats nationwide."

DEMOCRATS ELECT NEW CHAIR WHO BRANDED TRUMP A 'TRAITOR' AS PARTY AIMS TO REBOUND FROM DISASTROUS 2024 ELECTION

"The DNC is the organization best positioned to fight back, organize, and stop the worst impulses of a Trump administration. So please don’t wait: donate now to elect Democrats who will fight back against the MAGA agenda," the message says. 

The Democratic Congressional Campaign Committee has a similar strategy with a down-ballot focus. On the DCCC website, a photo of House Minority Leader Hakeem Jeffries appears next to a fundraising message inviting supporters to "become a majority maker."

"At the DCCC, we're laser-focused on the midterms and taking back the House from the MAGA Majority," the message says. "With just THREE seats standing between us and the Majority, your monthly donation will help us do everything we can to flip the House blue and build a firewall against the Trump Trifecta. Will you make a recurring monthly donation to the DCCC to fuel our work today?" 

Trump’s fundraising apparatus has also capitalized on his return to center stage. Trump National Committee, the joint super PAC of Never Surrender and the Republican National Committee, have maintained consistent fundraising outreach since Trump’s election victory.

"Trump is the center of the universe at the moment," Republican strategist Matt Gorman, who worked on Senator Tim Scott’s presidential campaign and as communications director for the National Republican Congressional Committee, told Fox News Digital. "It's been pretty well proven over the last decade that Trump animates the fundraising base of both parties and utilizing him is an effective strategy."

As soon as Nov. 6, just a day after the election, a message "from Trump" to his supporters read, "TOTAL VICTORY! Because of you, WE WON!" with a link to donate to Trump’s super PAC. The messages continued in the weeks and months leading up to his inauguration.

The tone of the messages took a turn after Democrat Rep. Al Green, D-T.X., who attempted to impeach Trump three times during his first term, announced that he would file articles of impeachment against the president for saying he would "take over" Gaza.

Green said on the House floor the next day that Israeli Prime Minister Benjamin Netanyahu "should be ashamed, knowing the history of his people, to stand there and allow such things to be said."

"Before Democrats introduce Articles of Impeachment, can you answer question #1?" a fundraising message from Trump's super PAC asked the next day. 

Then last week, the PAC sent a message from Vice President JD Vance that read, "Don't pee on my boots & tell me it's raining. It's JD Vance. These are the top lies I've seen from Democrats."

"Democrats don’t have any policies. All they have is lies. Nobody believes their crap. So on behalf of every American who is sick of their lies, I got one thing to say: Don’t pee on my boots & tell me it’s raining. Democrats can’t stand that we have a President who’s putting the working men & women of America first, AND NOW THEY’RE THREATENING TO IMPEACH TRUMP AGAIN!"

The message from Republicans is clear: Democrats do not have policies beyond resisting Trump. 

"Their identity for the last ten years has been, simply, 'Whatever Trump is for, I'm against,'" Gorman said. 

While using Trump’s name can be an effective fundraising strategy, Gorman urged candidates to move past the moniker and step into policy discussions as well.

"Policy is really important, too. Every candidate has to articulate what they stand for, how they'd be different from their opponent and what they bring to Washington or to the statehouse. Trump is helpful in every aspect, but it's important to make sure you're defining what you would do in your policies as well."

‘Constitutional crisis’: The Impoundment Control Act takes center stage amid Russell Vought’s confirmation

A power struggle concerning government spending is heating up in Washington, D.C., igniting what some Senate Democrats call a "constitutional crisis" amid the Trump administration’s efforts to curb government waste. 

The conflict stems from President Donald Trump's pick to lead the Office of Management and Budget (OMB), Russell Vought, and was exacerbated when the Trump administration announced it would freeze federal grants and loans on Jan. 27 in an OMB memo. 

Both Trump and Vought share a common point of contention: the Impoundment Control Act. 

The 1974 law, which Trump and Vought both argue is unconstitutional, reasserts Congress' power of the purse and bars the executive branch from unilaterally side-stepping Congress and withholding appropriated funds. 

However, many legal experts warn that the matter is not up for debate, and the courts are clear; it is unconstitutional for the executive branch to divert dollars Congress has authorized. 

The Senate voted to confirm Vought on Thursday by a 53–47 margin along party lines, following a 30-hour delay from Democrats in protest against his nomination. 

Republicans claim that Vought is qualified to lead the department because he previously served in that role during Trump’s first term. Sen. Majority Leader John Thune, R-S.D., said Wednesday that Vought would "be able to hit the ground running."

However, Democrats remained staunchly opposed to Vought's nomination and claimed his views on impoundment disqualified him from the role, with Sen. Richard Blumenthal, D-Conn., arguing on Wednesday that Trump and Vought believe "they may be above the law." 

However, what is the Impoundment Control Act? Here is a look at what's up for debate regarding government spending — and what changes could emerge during the Trump administration. 

Article I of the U.S. Constitution grants Congress the authority to manage the federal budget to determine funding decisions to balance power between the branches of government. 

However, the act of impoundment occurs when the executive branch chooses to not spend these approved dollars from Congress, since the executive branch and the Office of Budget and Management do oversee the actual spending of the approved funds. 

Should a president want to spend less than what Congress has budgeted, the executive branch must secure approval from Congress. Deferring funds also requires the executive branch to inform Congress. 

As a result, Congress passed the 1974 Impoundment Control Act to establish these proper channels of congressional oversight if a president chooses to withhold or defer these funds. 

‘ULTRA-RIGHT’: TRUMP BUDGET CHIEF PICK RUSSELL VOUGHT FACES FIRE FROM DEM SENATORS

Vought’s opponents voiced concern that his leadership would lead to more cases like the freeze of federal grants and loans disclosed in an OMB memo on Jan. 27, a move that Democrats say was illegal and violated the Impoundment Control Act. 

"As much as Trump desires it, the president is not a king," Senate Budget Committee ranking member Jeff Merkley, D-Ore., told reporters on Jan. 28. "As much as Trump desires it, a law is not a suggestion."

"These are not questions of opinion," Merkley said. "These are principles at the heart of our constitutional system. It's at the heart of our checks and balances, and thus we have a constitutional crisis."

Vought repeatedly defended his stance that the Impoundment Control Act was unconstitutional in multiple confirmation hearings and claimed that presidents historically could spend less than what Congress had earmarked prior to 1974. 

Proponents of executive impoundment frequently point to Thomas Jefferson’s administration in 1803, when Congress appropriated funding for 15 gunboats. However, Jefferson held off on purchasing the boats to not aggravate France amid delicate discussions between then-Secretary of State James Madison and Napoleon. The purchase of the boats eventually became unnecessary following the Louisiana Purchase. 

Additionally, Vought’s Center for Renewing America, a nonprofit Vought founded in 2021, has said impoundment allows the executive branch to exert fiscal discipline and that the president has the authority to determine if funds are used in the most efficient manner. 

Vought did not respond to a request for comment from Fox News Digital. 

However, according to multiple legal experts, the Constitution and the courts are clear that spending appropriations fall under the parameters of the legislative branch. 

Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told Fox News Digital, "The president has the constitutional obligation to take care that the laws be faithfully executed, and that includes spending.

"So I don't know where Mr. Vought gets the view that somehow the president has the right to decide what the government is going to spend money on," he said. "This is Congress' job."

Despite Trump and Vought’s views that the Impoundment Control Act is unconstitutional, McConnell said that he believed there is "no reasonable prospect that the court is going to agree with that.

"The person who would have been the recipient of the funding will have some standing to sue," McConnell said. "So, I would assume that if there's an impoundment, there will be an immediate lawsuit under the Impoundment Control Act." 

TRUMP TREASURY PICK: EXTENDING TRUMP TAX CUTS ‘SINGLE MOST IMPORTANT ECONOMIC ISSUE’

Other legal experts agreed that should the Trump administration attempt to withhold funds, the courts would step in and assert that there is no legal basis to do so. 

That is because this is not a murky legal issue, according to Georgetown Law professor Stephen Vladeck. 

"There are contested issues of constitutional law, but this just isn't one of them," Vladeck told Fox News Digital. "Were it otherwise, there wouldn't be much point in having a legislative branch."

Legal experts claim the courts historically have upheld the constitutionality of the Impoundment Control Act, and point to the 1975 case Train v. City of New York. In that case, the Supreme Court determined the Environmental Protection Agency must use full funding included in the Federal Water Pollution Control Act Amendments of 1972, even though then-President Richard Nixon issued orders not to use all the funding.

Vought himself admitted in a Jan. 22 confirmation hearing that no court of law has found the Impoundment Control Act unconstitutional. 

The courts did step into action following the recent OMB memo outlining a pause in federal grants and loans, and two federal judges have temporarily blocked the freeze. 

Although the White House did rescind the memo pausing the federal aid on Jan. 29, White House press secretary Karoline Leavitt said that the move did not equate to a "rescission of the federal funding freeze." 

The White House did not respond to a request for comment from Fox News Digital on Vought's nomination and comments from Democrats that the memo was "illegal." 

The memo did not appear to alarm Republican leadership in Congress, who publicly characterized the pause as standard protocol during an administrative turnover. 

"I think that's a normal practice at the beginning of administration, until they have an opportunity to review how the money is being spent," Senate Majority Leader John Thune, R-S.D., told reporters on Jan. 27. "We'll see kind of what the extent of it is, and … what they intend to do in a more fulsome way. But for now, I think it's just, it's just kind of a preliminary step that I think most administrations take," Thune said. 

House Speaker Mike Johnson, R-La., also told reporters on Jan. 27 the memo did not concern him and that he "fully" supported it, labeling the directive a "common application of common sense."

Even so, the memo further intensified opposition to Vought’s nomination. Specifically, Democrats urged the entire Senate to reject Vought’s nomination on Jan. 30 in response, following a committee vote advancing his nomination to the Senate floor. 

Merkely noted that Vought oversaw the OMB in 2019 when the office held up $214 million in military aid for Ukraine — an issue that emerged as a key point in Trump’s first impeachment. Ultimately, the Government Accountability Office determined in 2020 the move did violate the Impoundment Control Act, ahead of Trump's Senate impeachment trial. The Senate ultimately voted to acquit Trump.

Therefore, Merkley characterized Vought as "dangerously unfit" to lead OMB and a "dangerous threat to our constitutional system of representative democracy." 

Josh Chafetz, a professor at Georgetown Law, said such language such as "constitutional crisis" is reasonable considering Congress’s spending power is one of the few but critical ways the legislative branch ensures the executive branch doesn’t exert too much power. 

"These kinds of impoundments are not just unconstitutional, but they're actually anti-constitutional," Chafetz told Fox News Digital. "They strike at the very foundation of our constitutional order."

Democrats also don’t believe the recent memo is an isolated incident. Sen. Minority Leader Chuck Schumer, D-N.Y. cautioned on Jan. 30 that Vought would seek to withhold funds again overseeing OMB — if the Senate confirms him. 

Vought himself signaled the Trump administration could initiate reform on impoundment law. In a confirmation hearing on Jan. 22, Vought told lawmakers that while an exact strategy is not intact yet, the Trump administration plans to complete a review with the Justice Department to explore the "parameters of the law with regard to the Impoundment Control Act," should the Senate confirm him.

Vought also noted that some lawmakers who agree with his position on impoundment have proposed legislation on the matter. For example, Sen. Mike Lee, R-Utah, introduced legislation in December 2024 to repeal the Impoundment Control Act, arguing that the law’s "unconstitutional limitations" on the executive branch have "contributed to a fiscal crisis." 

GET TO KNOW DONALD TRUMP'S CABINET: WHO HAS THE PRESIDENT-ELECT PICKED SO FAR?

While many legal experts agree the legislative branch is the proper channel for reforming the Impoundment Control Act, Chafetz doubts there is an appetite to do so and that lawmakers on both sides of the aisle would ultimately view such attempts as an "attack on their institution."  

As a result, Vladeck said that the Trump administration only has two means to navigate the Impoundment Control Act: either adhere to it or modify it. 

"As for what we can expect going forward, it's entirely possible that the administration will try to push the envelope," Vladeck said. "But the onus ought to be on the administration to follow the procedure Congress and the president agreed to in 1974 — or to make the case for why he shouldn't have to." 

Who is Norm Eisen? Meet the anti-Trump attorney repping FBI agents suing the DOJ

One of the attorneys representing anonymous FBI agents suing the Department of Justice to block the public identification of agents who investigated Jan. 6 is a longtime anti-Trump lawyer who worked with House Democrats on President Donald Trump’s first impeachment. 

Norm Eisen is an attorney, CNN legal analyst and expert at the Brookings Institution public policy think tank who previously served as the U.S.' ambassador to the Czech Republic and special counsel for ethics and government reform under the Obama administration, when he earned the nicknames "Dr. No" and "The Fun Sponge" for reportedly ensuring the administration abide by ethics rules. 

Eisen appeared in court on Thursday for a hearing before U.S. District Judge Jia M. Cobb involving a pair of lawsuits filed by two groups of FBI agents who investigated the Jan. 6 breach of the Capitol Building as well as former special counsel Jack Smith's investigations and cases against Trump. 

Eisen serves as executive chair of State Democracy Defenders Fund, which filed a lawsuit Tuesday on behalf of the FBI agents who investigated Trump-related cases. State Democracy Defenders Fund is a nonprofit that bills itself as focused on defeating "election sabotage" and "autocracy in 2025 — and beyond."

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

"Credible reports indicate the FBI has been directed to systematically terminate all Bureau employees who had any involvement in investigations related to President Trump, and that Trump’s allies in the DOJ are planning to publicly disseminate the names of those employees they plan to terminate," State Democracy Defenders Fund wrote in its press release of the emergency order to block the public release of FBI personnel names involved in the Jan. 6 investigation. 

Fox News Digital took a look back on Eisen's rhetoric and actions across the past few years and found that he has repeatedly been at the forefront of the legal cases against Trump, notably serving as co-counsel for the House Judiciary Committee during the first impeachment of Trump beginning in 2019. 

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION

House Democrats tapped Eisen — who early in his career specialized in financial fraud litigation and investigations — to help lead the first impeachment against the 45th president, which accused Trump of abuse of power and obstruction of Congress related to allegedly seeking foreign interference from Ukraine to boost his re-election efforts in 2020. The House adopted two articles of impeachment against Trump, but the Senate ultimately voted to acquit him. 

Eisen revealed following the impeachment effort that he initially drafted 10 articles of impeachment against Trump, not just two, which would have included issues such as "hush money" payments to former porn star Stormy Daniels. Although the payments were not included in the impeachment articles, they were a focal point of the Manhattan v. Trump trial that found Trump guilty of 34 counts of falsifying business records in May 2024. 

FBI AGENTS DETAIL J6 ROLE IN EXHAUSTIVE QUESTIONNAIRE EMPLOYEES 'WERE INSTRUCTED TO FILL OUT'

"This was only the third impeachment trial of a president in American history, so it's remarkable that we even got those two," Eisen said in an NPR interview in 2020. "I will tell you that those two articles are a microcosm of all 10 of the impeachment articles that we drafted. They have features of all 10." 

Eisen told Fox News Digital, when asked about his history of anti-Trump cases, that he was initially open to working with the first Trump administration, but that the president, "turned against the Constitution."

"I was initially open to Trump and even advised his first presidential transition," Eisen told Fox Digital in an emailed comment on Friday. "But he turned against the Constitution and laws."

"In his first administration and now, he was and is using the presidency to break the law and to help himself and his cronies like Elon Musk — not the American people," he continued. "To ensure the integrity of our democracy, I am pushing back through the bipartisan institutions I work with such as State Democracy Defenders Fund, which has strong conservative representation on our board." 

Eisen is the co-founder of the nonprofit Citizens for Responsibility and Ethics in Washington, which made waves in 2023 and 2024 when it helped to initiate a Colorado court case to remove Trump from the primary ballot in the state, The New York Times reported.  

The lawsuit, which ultimately landed in the Supreme Court, argued that Trump should be deemed ineligible from holding political office under a Civil War-era insurrection clause and that his name should thus be barred from appearing on the 2024 ballot. The group said that Trump’s actions on Jan. 6, 2021, when supporters breached the U.S. Capitol, violated a clause in the 14th Amendment that prevents officers of the United States, members of Congress or state legislatures who "engaged in insurrection or rebellion" against the Constitution from holding political office.

Other states made similar legal claims to remove Trump, but each of the nine Supreme Court justices ruled in Trump’s favor in a decision released last March, ending the Colorado case and all others that were similar. 

DOJ DIRECTS FBI TO FIRE 8 TOP OFFICIALS, IDENTIFY EMPLOYEES INVOLVED IN JAN. 6, HAMAS CASES FOR REVIEW

The State Democracy Defenders Action, which Eisen co-founded, has also been involved with other Trump-involved court cases, including in the Manhattan v. Trump case. The group helped file an amicus brief in February, advocating that presiding Judge Juan Merchan sentence Trump just days ahead of his inauguration. Trump was ultimately sentenced to unconditional discharge, meaning he faces no fines or jail time. 

​​Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May 2024. Manhattan District Attorney Alvin Bragg's office worked to prove that Trump had falsified business records to conceal a $130,000 payment to former porn star, Stormy Daniels, ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006.

Eisen also founded another group, the States United Democracy Center, which filed an amicus brief in 2024 in Fulton County, Georgia, court, advocating that District Attorney Fani Willis' racketeering case against Trump not be dismissed. 

ANTI-TRUMP FBI AGENT RESPONSIBLE FOR OPENING JACK SMITH ELECTOR CASE AGAINST PRESIDENT: WHISTLEBLOWER

The Georgia Court of Appeals ruled in December 2024 that Willis and her office are barred from prosecuting the case. The case worked to prove that Trump had led a "criminal racketeering enterprise" to change the outcome of the 2020 election in Georgia. Trump has maintained his innocence in that case, as well as the other federal and state charges brought against him between the 2020 and 2024 election, slamming them as Democrat lawfare. 

Eisen, in his capacity as executive chair and founder of State Democracy Defenders Fund, also sent a letter to Senate Judiciary Chair Chuck Grassley, R-Iowa, and ranking Committee Member Sen. Dick Durbin, D-Ill. on Monday to speak out against Kash Patel's nomination as director of the FBI under the second Trump administration. Eisen said he had ethics concerns surrounding Patel's previous work in Qatar. 

MAJOR FBI CHANGES KASH PATEL COULD MAKE ON DAY 1 IF CONFIRMED AS DIRECTOR

The FBI lawsuits followed acting Deputy Attorney General Emil Bove sending a memo to acting FBI Director Brian Driscoll in late January, directing him to fire eight FBI employees who worked on the Jan. 6 investigation, as well as a terror case related to Hamas' Oct. 7, 2023, attack against Israel. The memo also informed the acting director to identify all current and former FBI personnel who took part in the case. 

The memo's directive to identify those involved in the case sparked the two FBI lawsuits filed Tuesday, which seek to stop the collection of names and their public release. 

"The individuals being targeted have served in law enforcement for decades, often putting their lives on the line for the citizens of this country," Eisen said in a statement provided in State Democracy Defenders Fund's press release announcing it filed an emergency order on behalf of the FBI agents. "Their rights and privacy must be preserved."

The judge temporarily barred the Trump DOJ on Thursday from disclosing information on the agents until she hears arguments and determines whether to issue a temporary restraining order. 

Fox News Digital's Breanne Deppisch and Brooke Singman contributed to this report. 

Out of power: Democrats disoriented in fight against Trump agenda

It’s a new season for Congressional Democrats.

And that’s not always a good thing.

New seasons bring change. New players. New coaches. New approaches.

The problem is finding the right approach.

Especially when you’re on the outside looking in.

SPENDING SHOWDOWN: REPUBLICANS WILL NEED TO CORRAL VOTES – BUT THEY HAVEN'T ASKED, YET

Democrats are now the loyal opposition. Effectively locked out of power in Washington as Republicans control the executive branch and both bodies of Congress.

Democrats have lobbed entire landfills at President Trump since 2015. Some of it worked – a little bit. But certainly not enough to permanently sidetrack Mr. Trump. He executed one of the most extraordinary, improbable comebacks in world political history.

On the TV show "The Office," secretary Pam Beesly noted that she only got ten vacation days a year.

"I try to hold off taking them for as long as possible," said Beesly. "This year I got to the third week in January."

So far, Democrats are flailing as they try to challenge President Trump in his second term. So, they’re dusting off some old plays from a tired, dog-eared playbook.

Like Beesly, they waited as long as they could.

It took precisely 16 days before a Democrat threatened to impeach the President.

DEMOCRATS CALL FOR ARTICLES OF IMPEACHMENT AGAINST TRUMP AMID GAZA COMMENTS

Rep. Al Green, D-Tex., prepped the first articles of impeachment against President Trump in 2017. He didn’t do so until October of that year. But now, Green is ready to impeach the President.

"I did it before. I laid the foundation for impeachment. And it was done. Nobody knows more about it than I. And I know that it’s time for us to lay the foundation again. On some issues, it is better to stand alone than not stand at all," said Green.

But two previous impeachments failed to suppress Mr. Trump. If nothing else, the impeachments may have emboldened him. Especially since despite the House impeaching him, he survived two Senate trials.

But Democratic leaders are leery of impeachment freelancing.

"This isn't a focus of the Democratic Caucus," said House Democratic Caucus Chairman Pete Aguilar, D-Calif. "We've laid out our strategy. Legislative. Litigation. Outreach. Communication. That continues to be the focus."

Democrats are united in their opposition of President Trump. But finding a unifying, resonant message is another thing.

SOCIAL MEDIA, TEAM TRUMP REACT TO CORY BOOKER'S 'MELTDOWN' OVER ELON MUSK'S USAID CRACKDOWN

"In the United States Senate, we will not cooperate!" thundered Sen. Cory Booker, D-N.J. "We’ll cooperate with no appointments when it comes to the State Department!"

"There should be hundreds of thousands and millions of people descending on Washington, DC!" declared Sen. Ed Markey, D-Mass.

"We must resist. We must be in the streets!" said Rep. John Garamendi, D-Calif.

Democrats used to have only one target. That was President Trump.

"They have no rudder. They have no vision. They have no clear leader," observed House Speaker Mike Johnson, R-La. "The only message they have is anti-President Trump."

THE SPEAKER’S LOBBY: A PALPABLY UNFAIR ACT

But opponents evolve.

The arch-enemy of Batman was always the Joker. But the Penguin, Riddler and Catwoman were worthy foes, too.

And so Democrats now have a new nemesis: Elon Musk.

Democrats are peppering him with inflammatory rhetoric.

"A godless, lawless billionaire. You know who elected Elon? This is the American people. This is not your trashy Cybertruck that you can just dismantle, pick apart, and sell the pieces of," said squad member Rep. Ayanna Pressley, D-Mass.

"God damn it. Shut down the Senate. We are at war. Any time, any time a person can pay $250 million into a campaign, and they've been given access to the Department of Treasury of the United States of America. We are at war," said Rep. LaMonica McIver, D-N.J. "We will not take this sh*t from Donald Trump and Elon Musk."

"What we not going to do is stand around while they pull this bullsh*t that they're trying to pull right now," excoriated Rep. Jasmine Crockett,. D-Tex., of Musk and DOGE. "You all know he likes to pal around with Putin, right? He's trying to turn us into Russia."

MUSK'S DOGE TAKES AIM AT 'VIPER'S NEST' FEDERAL AGENCY WITH GLOBAL FOOTPRINT

"He is a low down, dirty, no good person that along with Trump cannot be trusted," said Rep. Maxine Waters, D-Calif. "We have got to tell Elon Musk, nobody elected your ass."

White House spokeswoman Karoline Leavitt blasted Democrats for their incendiary language.

"President Trump was elected with a mandate from the American people to make this government more efficient. He campaigned across this country with Elon Musk vowing that Elon was going to head up the Department of Government Efficiency," said Leavitt. "For Democrat officials to incite violence and encourage Americans to take to the streets is incredibly alarming. They should be held accountable for that rhetoric."

But at least one Democrat urges discipline for his colleagues when attacking the President – or Musk.

"There's going to be a lot of balls coming down to the plate. And I'm only waiting for a strike when I'm going to start to swing," said Sen. John Fetterman, D-Penn.

Democrats executed another gambit Wednesday. They kept the Senate in session all night to postpone the confirmation of Budget Director nominee Russ Vought. The Senate broke a filibuster earlier on Wednesday. But Vought is someone who would have great influence over DOGE and potentially efforts by the administration to withhold or contour spending. Since the Senate voted to end the filibuster around 1 pm et Wednesday, Democrats opted to burn all time available to them just to protest Vought and DOGE.

SENATE DEMOCRATS SPEAK ALL NIGHT AGAINST TRUMP OMB NOMINEE, DELAYING CONFIRMATION VOTE

"Russ Vought represents a very specific view of presidential power, which is essentially unitary executive," said Sen. Brian Schatz, D-Hawaii, at 1:45 am et Thursday. "It's this view that once you win, you're basically a monarch."

A cavalcade of Democrats seized the floor throughout the night. Sen. Peter Welch, D-Vt., at 5 am et. Sen. Elissa Slotkin, D-Mich., at 6 am et. Booker at 9 am et.

"Whatever the challenges, whatever the fear, is what I want to tell you right now is don't normalize a president who is violating the separation of powers," said Booker on the floor just after 10 am et. "Don't normalize a president who is violating civil service laws. Don't normalize a president who is ignoring the dictates of Congress and establishing agencies."

Around the same time, Democrats on the Judiciary Committee requested, and received - under the rules - a one-week delay on the nomination of FBI Director nominee Kash Patel.

"Kash Patel has a goal. It's to wreck the FBI," said Welch.

The Democrats’ maneuver chokes off Patel’s nomination from the Senate floor. But only for a week.

"It means that about 168 hours from right now, he'll be confirmed by our committee," said Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

Democrats can’t do much but delay the inevitable. Republicans can confirm Patel on the floor if they stick together. The same with Vought. Vought is only the second nominee to score a partisan confirmation without Democratic assistance. The other was Defense Secretary Pete Hegseth.

"We are out of power. But we are not powerless," said Schatz.

But that power is low voltage. Measured in foot candles, not watts.

There are limits to their power. And Democrats are now feeling it.

Russell Vought confirmed to head government’s leading budget office after Dems hold 30-hour protest

Despite Democratic tactics to delay the confirmation vote, the Senate confirmed Russell Vought to lead the Office of Management and Budget (OMB).

Republicans backed Vought’s nomination, arguing he proved a qualified candidate for the role since he previously held the position during President Donald Trump’s first term. Democrats, however, raised multiple concerns about his nomination and said his views on the Impoundment Control Act, which reinforces that Congress holds the power of the purse, disqualified him from the role. 

Democrats held a 30-hour-long protest against Vought's nomination, delivering speeches in the middle of the night on Wednesday in an attempt to delay the confirmation vote. 

The Senate, in a chaotic final floor vote on Thursday evening, voted to confirm Vought to lead the OMB, 53 to 47.

SENATE DEMOCRATS SPEAK ALL NIGHT AGAINST TRUMP OMB NOMINEE, DELAYING CONFIRMATION VOTE

Democratic senators repeatedly injected themselves during the confirmation vote, protesting the nomination until the last second.

"No debate is permitted during a vote," Sen. Ashley Moody, R-Fla., told the lawmakers.

The OMB is responsible for developing and executing the president’s budget, as well as overseeing and coordinating legislative proposals and priorities aligned with the executive branch. 

Vought appeared before the Senate Budget Committee and the Senate Homeland Security and Governmental Affairs Committee for confirmation hearings, where he defended statements asserting that the Impoundment Control Act is unconstitutional. 

TRUMP HEALTH SECRETARY NOMINEE RFK JR CLEARS SENATE FINANCE COMMITTEE CONFIRMATION VOTE

The law, adopted in 1974, stipulates that Congress may oversee the executive branch’s withholdings of budget authority. But Vought encountered criticism from Democrats for freezing $214 million in military aid for Ukraine in 2019 — a decision that ultimately led to Trump’s first impeachment.   

"You’re quite comfortable assuming that the law doesn’t matter and that you’ll just treat the money for a program as a ceiling … rather than a required amount," Senate Budget Committee ranking member Jeff Merkley, D-Ore., said Wednesday. "Well, the courts have found otherwise." 

In the 1975 Supreme Court ruling Train v. New York, the court determined the Environmental Protection Agency must use full funding included in the Federal Water Pollution Control Act Amendments of 1972, even though then-President Richard Nixon issued orders to not use all the funding. 

Even so, Vought told lawmakers that Trump campaigned on the position that the Impoundment Control Act is unconstitutional — and that he agrees with that. 

Vought’s statements on the issue left Sen. Richard Blumenthal, D-Conn., "astonished and aghast" during one confirmation hearing. 

"I think our colleagues should be equally aghast, because this issue goes beyond Republican or Democrat," Blumenthal said on Jan. 15. "It’s bigger than one administration or another. It’s whether the law of the land should prevail, or maybe it’s up for grabs, depending on what the president thinks."

Vought also faced questioning from Democrats on his views regarding abortion as an author of Project 2025, a political initiative conservative think tank The Heritage Foundation released in 2023 that called for policy changes that would implement a national ban on medication abortion. 

Other proposals included in Project 2025 include eliminating the Department of Education; cutting diversity, equity and inclusion programs; and reducing funding for Medicare and Medicaid. 

"You have said that you don’t believe in exceptions for rape, for incest, or the life of the mother," Sen. Patty Murray, D-Wash., said during a confirmation hearing on Wednesday. "Is that your position?"

"Senator, my views are not important," Vought said. "I’m here on behalf of the president." 

Trump repeatedly has stated that he backs abortion in certain instances, and stated that "powerful exceptions" for abortion would remain in place under his administration.

The Associated Press contributed to this report.